1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

In full view of the statements in Gap 1 and 2, the plaintiff paid KRW 50,000,000 to the defendant's account on May 26, 2008, and the defendant prepared a certificate of loan with the purport that he will pay the above money by December 30, 2009.

According to the above facts of recognition, the defendant is obligated to pay the loan of KRW 50,000,000 and damages for delay to the plaintiff, except in extenuating circumstances.

The defendant asserts that the plaintiff only invested the above money for the removal project among the D Redevelopment Project that the plaintiff intended to receive through C, and that it does not lend it.

However, in light of the fact that the Defendant prepared a certificate of loans that the Defendant would repay the above money by the fixed date, it is difficult to accept the above assertion only with the evidence submitted by the Defendant

In addition, the defendant asserts that the above loan obligation was extinguished after the lapse of five years of extinctive prescription, since it was caused by commercial activity.

A claim arising from an act falling under a commercial activity is also a commercial claim to which the five-year extinctive prescription period under Article 64 of the Commercial Act applies to only one of the parties concerned. The commercial activity includes not only the basic commercial activity but also ancillary commercial activity carried on by merchants for business. A merchant's act on behalf of business is presumed to be a commercial activity but also an act of merchants' act on behalf of business (see, e.g., Supreme Court Decision 2002Da6760, 6777, Sept. 24, 2002). In full view of all arguments in this case, the whole purport of arguments is as follows: (a) the Defendant registered the name of E in the name of E; (b) the Defendant carried out the removal project through C while operating a company such as construction, waste disposal, and crushing; and (c) the Plaintiff borrowed KRW 50 million from the Plaintiff for the purpose of securing expenses related thereto.

Thus, the plaintiff's loan claim is a claim arising from the defendant's commercial activity.